Controlled Dangerous Substances

Controlled Dangerous Substances in Maryland

April 1, 2022 by Jonathan Smith

The Maryland Laws Governing Illegal Drugs

The state of Maryland takes a somewhat unique approach to the criminalization of illegal drugs, identifying an illegal drug as a “controlled dangerous substance,” or CDS. All controlled dangerous substances are then categorized into 5 schedules, based on the recognized medical value and the likelihood of abuse. Those which are most susceptible to misuse and have the least proven medical benefit fall under Schedule I, and those with the most medical value and least risk of addiction or abuse are in Schedule V.

The Penalties Associated with Controlled Dangerous Substances

As a general rule, the penalties are most severe for crimes involving Schedule I and II drugs, and become less onerous with Schedule III, IV and V substances. For example, conviction of a Schedule I offense may result in up to 20 years of incarceration and a fine of as much as $25,000. The most severe penalties for Schedule III, IV and V crimes is five years in prison and a $15,000 fine.

Proven Baltimore Drug Crimes Lawyer

For more than 30 years, attorney Jonathan Scott Smith has zealously protected the rights of criminal defendants across Baltimore and throughout the state of Maryland, including many people facing prosecution for DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan has received an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s coveted Client Distinction Award, given to less than 4% of all attorneys in Maryland. He enjoys a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A proven trial attorney, Jonathan brings an extensive knowledge of criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal matters. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Experienced Criminal Defense Lawyer in the Greater Baltimore Area

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants throughout Baltimore County and the surrounding communities. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Filed Under: Controlled Dangerous Substances Tagged With: Illegal Drugs

What Are Controlled Dangerous Substances in Maryland?

September 9, 2021 by Jonathan Smith

What Are the Penalties for Possession of a CDS?

Though recreational marijuana has been legalized in 18 states, every state still criminalizes the possession of certain “hard” or dangerous drugs. In Maryland, those drugs are referred to as “controlled dangerous substances” (CDSs). While possession of marijuana for personal use is a misdemeanor, with a fine not exceeding $100 for first-time offenders, possession of a CDS can carry far more substantial penalties.

Maryland classifies CDSs into five categories, with Schedule I drugs considered the most serious and Schedule V drugs being the least. The criteria for determining what schedule a drug falls in include the:

Probability of abuse
Inherent danger associated with the drug
Perceived medical uses of the drug

Those drugs in Schedule I are deemed to have the greatest likelihood of abuse and the greatest danger, with nominal or minimal medicinal value.

Penalties for Possession of a CDS

Possession of a CDS in Maryland carries a penalty of up to one year in jail and $5,000 for the first conviction. Second and third convictions can lead to 18 months in prison and a $5,000 fine. All subsequent convictions are punishable by up to two years in prison and a $5,000 fine.

Experienced Prince George’s County Criminal Defense Attorney

For more than three decades, attorney Jonathan Scott Smith has fought for the rights of people across the state of Maryland who are charged with drug crimes. He has been honored among the top 100 lawyers in Maryland by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer magazine in 2012. He has been AV-rated (the highest rating possible) by other attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also been awarded Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys listed there.

The American Institute of Personal Injury Attorneys listed attorney Smith as one of the 10 Best Attorneys in the State of Maryland in Client Satisfaction. He has a 10.0 (Superb) rating as a litigation attorney from AVVO and has received the Client’s Choice Award from AVVO, with an average client review of 5 stars. The National Trial Lawyers Association, a by-invitation-only professional organization, lists him among the top 100 attorneys in Maryland.

Attorney Smith has long been known for his thorough knowledge and understanding of criminal law and procedure. He carefully investigates every criminal matter, gathering and protecting key evidence. He knows that police officers often cut corners when it comes to your constitutional rights and will verify that they met all requirements of the Constitution.

Proven Criminal Defense Lawyer in the Greater Baltimore Area

Filed Under: Controlled Dangerous Substances Tagged With: Penalties for Possession of a CDS

The Sale of a Controlled Dangerous Substance (CDS)—Penalties

February 17, 2020 by Jonathan Smith

The Five Categories of Controlled Dangerous Substances

In the state of Maryland, by statute, controlled dangerous substances fall into five different categories, based on the likelihood of abuse and addiction, as well as the recognized medical value. Those drugs with the least medical value and greatest potential for addiction or abuse are found on Schedule I. Schedules II-V contain those controlled substances that have greater medical use and less risk. As a general rule, the penalties are assessed according to the type of CDS involved.

The Different Potential Penalties for Sale of a CDS

Conviction for the sale of a CDS in Maryland can result in the following consequences:

Schedule I and II drugs—
- First conviction— A fine of up to $25,000 and incarceration for up to 5 years, or both
- Second conviction—$100,000 fine or 10 years of incarceration, or both
- Third conviction—$100,000 fine or 25 years in prison, or both
- Fourth conviction—$100,000 fine or 40 years in prison, or both
Schedule III, IV, and V substances—
- First conviction—A fine of up to $15,000 or up to five years in prison, or both
- All subsequent convictions—$15,000 fine and additional five years in prison, or both

AV-Rated Howard County Criminal Defense Lawyer

Attorney Jonathan Scott Smith is AV-rated by other attorneys under Martindale-Hubbell’s Peer Review System and has been honored as a Maryland Super Lawyer. He received the Client’s Choice Award from AVVO, with an average client review of 5stars(the highest rating possible) and was named a 2012 Top-Rated Lawyer by The American Lawyer magazine. He has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO.

Attorney Smith brings more than 30 years of experience to criminal defendants throughout the greater Baltimore area and across the state of Maryland. He’ll aggressively protect your constitutional rights in any criminal matter, from investigation and arrest to arraignment and trial. He’ll conduct a thorough investigation in order to prepare and present the most compelling arguments for your acquittal. He’s a proven trial attorney, with the experience, skill, knowledge, and resources to protect your rights in any criminal matter.

Columbia, Maryland Criminal Defense Attorney

Contact criminal defense lawyer Jonathan Scott Smith by e-mail or call our office at 410-740-0101 for an appointment. We handle criminal prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Filed Under: Controlled Dangerous Substances Tagged With: Addiction, Drugs

Jonathan Scott Smith Criminal Defense Firm